Auto Insurance Claims: rear end collsion- not my fault- how do i get paid for damages, small claims court, cliam


Question
Hi, i was in a rear end collsion on a freeway a week ago. the other driver stopped and we exchanged information. since both cars appeared drivalble and we both seemed not to have any injuries, we dint call police. however, since my car suffered damage, i filed a cliam with farmers (his insurance). Its been a week and they keep telling me that they are unable to contact the driver and cannot process my claim untill he responds. however, given the way things were going i filed a counter report with the local police. my question is, how do i make him/ his insurance company pay for the damage to my car? it was not my fault and he has insurance. what are my options if he does not call his insurance again?

Answer
If he refuses to cooperate with his insurance company, they can legally deny the claim.  Then you can sue him personally in small claims court.
If you do not wish to bother with small claims court, you can file under collision coverage, pay the deductible and let your insurance company pursue him and his carrier.  If they are able to collect, your deductible will be refunded.

I would give it a couple of more weeks.  If they cannot contact him by phone, they will send him a Reservation of Rights letter which tells him that he is "on his own" unless he cooperates with them.  More often than not, this prompts the party to start behaving.

You can also send him a demand letter for your damages to which may also wake him up.  I wouldn't bother with 3 estimates.  Just get one fair estimate and he can decide what to do then.

Good luck!